Discriminatory Change definition

Discriminatory Change means (a) materially more onerous application to DB Contractor or the Project of alterations or changes (including additions) to the CMA Specification, Design-Build Specifications or Safety Standards relating to the Maintenance Services than the application thereof to other Comparable Limited Access Highways, or (b) selective application of alterations or changes (including additions) to the CMA Specification, Design-Build Specifications or Safety Standards relating to the Maintenance Services to DB Contractor or the Project and not to other Comparable Limited Access Highways. Notwithstanding the foregoing, such applications in response to any negligence, willful misconduct, or breach of applicable Law, Governmental Approval or contract by DB Contractor or any DB Contractor-Related Entity shall not be Discriminatory Changes.
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Discriminatory Change means any change in Applicable Law during the term of the Contract that is principally directed at and the effect of which is principally borne by Contractor or operators of high-speed passenger rail in the State, except where such change (a) is in response, in whole or in part, to any failure to perform or breach of the Contract, violation of Applicable Law or Governmental Approval, culpable act or culpable omission on the part of any Contractor-Related Entity, (b) is a directive by the U.S. Department of Homeland Security or comparable state agency, unless such directive is directed solely at or solely affects the Work and requires specific changes in Contractor’s normal design or manufacturing procedures in order to comply, or (c) is otherwise expressly permitted under the Contract.
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Discriminatory Change means (a) materially more onerous application to DB Contractor or the Project of alterations or changes (including additions) to the CMA Specification, Design-Build DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B Specifications or Safety Standards relating to the Maintenance Services than the application thereof to other Comparable Limited Access Highways, or (b) selective application of alterations or changes (including additions) to the CMA Specification, Design-Build Specifications or Safety Standards relating to the Maintenance Services to DB Contractor or the Project and not to other Comparable Limited Access Highways. Notwithstanding the foregoing, such applications in response to any negligence, willful misconduct, or breach of applicable Law, Governmental Approval or contract by DB Contractor or any DB Contractor-Related Entity shall not be Discriminatory Changes.
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Examples of Discriminatory Change in a sentence

  • He also introduced Dr. Kevin Andrews who is beginning the position of Director of Research on September 1.

  • DB Contractor shall implement a Discriminatory Change only after TxDOT issues a Change Order or Directive Letter therefor pursuant to Section 4.5.

  • In preparing the Design the Company will not be entitled to make any material change to the Company’s Design (other than where necessitated by a Specific Change in Law, a Discriminatory Change in Law or a Compensation Event or as a direct consequence of a variation to the Company’s Design which is implemented at the request of the Contracting Authority) without the consent of the Contracting Authority.

  • Notwithstanding anything contained in this definition, a Discriminatory Change in Nauruan Law does not include a Change in Nauruan Law which is necessary for the State to fulfil its Sponsorship Obligations.’14 Clause 75 defines very broadly the notion of Discriminatory Change in Law, extending it ‘without limitation’ to ‘changes in Nauruan Laws resulting in materially adverse increase in NORI’s tax burden’.

  • The Concessionaire shall keep fully informed of and comply and require its Contractors to comply with applicable Law, including any Change in Law and any Discriminatory Change in Law.

  • The Operator shall bear any costs it incurs by reason of a Change of Law except for those costs which the Authority is liable to pay in respect of a Discriminatory Change of Law in accordance with clause 29.3 (Deemed Variation).

  • Developer will be responsible for increased costs resulting from any change in law, other than a Discriminatory Change in Law.

  • In preparing the Design the Company will not be entitled to make any material change to the Conceptual Design (other than in accordance with Clause 15.6 or where necessitated by a Specific Change in Law, a Discriminatory Change in Law or a Compensation Event or as a direct consequence of a variation to the Conceptual Design which is implemented at the request of the Scottish Ministers) without the consent of the Scottish Ministers.

  • Generally, a Discriminatory Change in Law will arise if the relevant Change in Law is not applicable across all modes of business.

  • The Purchaser and Service Provider shall negotiate in good faith and agree any resulting adjustments to the operational procedures or Contract such that the Service Provider is in no better and no worse a position as a direct result of the Specific Change in Law or a Discriminatory Change in Law.


More Definitions of Discriminatory Change

Discriminatory Change means any change in Applicable Law that is principally directed at and the effect of which is principally borne by Contractor or operators of high- speed passenger rail in the State, except where such change (a) is in response, in whole or in part, to any failure to perform or breach of the Contract, violation of Applicable Law or Governmental Approval, culpable act or culpable omission on the part of any Contractor- Related Entity, (b) is a directive by the U.S. Department of Homeland Security or comparable state agency, unless such directive is directed solely at or solely affects the Work and requires specific changes in Contractor’s normal design, construction or manufacturing procedures in order to comply, or (c) is otherwise expressly permitted under the Contract.
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Discriminatory Change in Law" a Change in Law, the terms of which apply expressly to: (a) the Project and not to similar projects; and/or (b) the Contractor and not to other persons; and/or (c) PPP Contractors and not to other persons;
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Related to Discriminatory Change

  • Discriminatory Change in Law means a Change in Law the terms of which specifically (and not merely indirectly or consequentially or by virtue of the disproportionate effect of any Change in Law that is of general application) apply to:

  • Regulatory Change means, with respect to Bank, any change on or after the date of this Agreement in United States federal, state, or foreign laws or regulations, including Regulation D, or the adoption or making on or after such date of any interpretations, directives, or requests applying to a class of lenders including Bank, of or under any United States federal or state, or any foreign laws or regulations (whether or not having the force of law) by any court or governmental or monetary authority charged with the interpretation or administration thereof.

  • discriminatory action means any action or threat of action by an employer that does or would adversely affect an employee with respect to any terms or conditions of employment or opportunity for promotion, and includes termination, layoff, suspension, demotion or transfer of an employee, discontinuation or elimination of a job, change of a job location, reduction in wages, change in hours of work, reprimand, coercion, intimidation or the imposition of any discipline or other penalty but does not include:

  • Discriminatory practice means the violation of law referred to in Section 46a-51

  • Disciplinary change in placement means a suspension or removal from a student’s current educational placement that is either:

  • Discrimination on the basis of disability means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;

  • Discriminatory housing practice means an act that is unlawful under this chapter.

  • non-discriminatory means treatment no less favourable than that accorded to any other user of like public telecommunications transport networks or services in like circumstances;

  • Material Change in Formula means the occurrence since the Launch Date of a material change in the formula for, or the method of, calculating the Reference Price.

  • Change in Use means altering the purpose of an existing room, within the facility, that requires structural changes.

  • Unlawful discrimination means any complaint of unlawful discrimination based on a category protected under Title 5, section 59300, including sexual harassment and retaliation.

  • Change in Law means the occurrence, after the date of this Agreement, of any of the following: (a) the adoption or taking effect of any law, rule, regulation or treaty, (b) any change in any law, rule, regulation or treaty or in the administration, interpretation or application thereof by any Governmental Authority or (c) the making or issuance of any request, guideline or directive (whether or not having the force of law) by any Governmental Authority.

  • Specific Change in Law means a Change in Law that relates specifically to the business of the Authority and which would not affect a Comparable Supply;

  • Competitive and Non-Discriminatory Hedging Contract means a contract to hedge a risk associated with a product offered in the ISO Administered Markets between a Non-Qualifying Entry Sponsor and the Developer, Owner or Operator of an Examined Facility with a term that shall not exceed three years (inclusive of all options to extend and extensions) and that the ISO determines has been executed pursuant to a procurement process that satisfies the requirements enumerated below. Competitive and Non-Discriminatory Hedging Contracts shall not be deemed to be a non-qualifying contractual relationship that would prevent an Examined Facility from obtaining a Competitive Entry Exemption pursuant to 23.4.5.7.9 of Attachment H of this Services Tariff. The ISO shall determine that a contract is a Competitive and Non-Discriminatory Hedging Contract only if it concludes, and the Non-Qualifying Entry Sponsor executes a certification confirming that, the contract was executed through a procurement process that met all of the following requirements: (A) both new and existing resources satisfy the requirements of the procurement; (B) the requirements of the procurement were fully objective and transparent ; (C) the contract was awarded based on the lowest cost offers of qualified bidders that responded to the solicitation; (D) the procurement terms did not restrict the type of capacity resources that may participate in, and satisfy the requirements of, the procurement; (E) the procurement terms did not include selection criteria that could otherwise give preference to new resources; and (F) the procurement terms did not use indirect means to discriminate against existing resources, including, but not limited to, by imposing geographic constraints, unit fuel requirements, maximum unit heat-rate requirements or requirements for new construction.

  • Change in Law Event means the occurrence of a Change in Law that necessitates the expenditure, commitment or obligation of or for Compliance Costs.

  • Change in Tax Classification has the meaning set forth in Section 5.2(h).

  • Migratory child ’ means a child who made a qualify- ing move in the preceding 36 months:

  • General Change in Law means a Change in Law where the change is of a general legislative nature (including taxation or duties of any sort affecting the Supplier) or which affects or relates to a Comparable Supply;

  • Change in 1940 Act Law shall have the meaning set forth in the definition of "Investment Company Event."

  • Service Change has the meaning set forth in Section 2(B) of the Agreement.

  • Likelihood of serious harm means either: (a) A substantial

  • Accounting Change refers to any change in accounting principles required by the promulgation of any rule, regulation, pronouncement or opinion by the Financial Accounting Standards Board of the American Institute of Certified Public Accountants or, if applicable, the SEC.

  • Extraordinary Circumstances means floods, snow, ice storms, tornadoes, earthquakes, or other

  • Minor Administrative Change refers to a change to the Contract that does not increase the fees or term and done in accordance with Section 4.01 of these Special Conditions.

  • Reasonable and Customary Charges means the charges for services or supplies, which are the standard charges for the specific provider and consistent with the prevailing charges in the geographical area for identical or similar services, taking into account the nature of the illness / injury involved.

  • Discriminate means distinctions in treatment because of race, sex, color, religion, handicap, familial status or national origin of any person.